The practice of bearing away by a yacht on the starboard tack is a dangerous one, from the fact that, if the vessel on the port tack also bears away, a collision is almost inevitable, and under the aggravated conditions of accelerated speed. Beyond this, in the event of the vessel on the port tack not giving way, there is generally great difficulty in proving that it was necessary for the vessel on the starboard tack to bear away to clear her. Legal decisions could be quoted in which, in the case of collisions, the vessel on the starboard tack has been dis tinctly blamed for not having luffed, instead of having kept away ; but the Board of Trade rule is absolutely silent on the point, and gives no instructions whatever to the vessel on the starboard tack further than by Article 18, which enjoins that when one of two vessels has to keep out of the way, the other shall keep her course ; the Y.R.A. rule is equally silent on the point, and it was found inconvenient to stipulate that where one of two vessels has to keep out of the way the other shall keep her course.* More cases might, and do in fact, occur, when it would be much easier for the vessel on starboard tack to avoid one which has improperly got across her on port tack, by using a little weather helm instead of lee helm; in fact, if the vessel on starboard tack is to strike the other on the starboard quarter (well aft), it is evident that the collision could be better avoided by the vessel on starboard tack bearing away than by luffing. Of course this assumes that the vessel on the port tack has fairly got across the other, and is thus unable to do anything herself to avoid the impending collision. It is quite natural that the masters of square-rigged ships should prefer bearing away to going about, on account of the ease of the one operation in comparison with the labour of the other ; but if there is any law (beyond the seaman-like custom of the sea) which condemns them in penalties for the consequences of bearing away instead of tacking, the Board of Trade rule ought clearly to warn them of it. In the merchant navy the general practice is for the vessel on port tack to go about some time before she gets near the other ; but in the case of yachts in competitive sailing the vessel on port tack invariably holds on to the last moment, and the vessel on starboard tack, knowing that the other, according to the rule, ought to give way, does the same. And the result is that the question generally amounts to this—What is best to do ?—and not what the sailing rule says ought to be done. So far as we know, the rule that the vessel on starboard tack should luff, and not bear away, has never been general ; and, although some clubs have gone so far as to say what the vessel on the starboard tack is to do, we cannot call to mind any case where a yacht has been mulcted in a penalty for bearing away instead of luffing. The clubs which had an instruction on the point before their adoption of Y.R.A. Rules were Royal Dart, Royal Victoria, Royal Cornwall, Royal Albert, Royal Welsh, Royal Cinque Ports, and Corinthian ; all the others (including Royal Squadron and Royal Thames) were silent, simply requiring the vessel on port tack to keep out of the way of the other. The Royal Victoria rule was the most explicit, and ran as follows : " Yachts on the port tack must give way to those on the starboard tack ; and wherever a doubt exists of the possibility of weathering the one on the starboard tack, the one on the port tack shall give way; if the other keep her course and collision occurs, the yacht on port tack shall pay all damages and forfeit all claim to the prize. The yacht on the starboard tack shall never bear away ; but if she is obliged to luff or tack to avoid the other yacht, the yacht on the port tack (so obliging her to luff or tack) shall lose all claim to the prize."
We believe this rule was framed by the late Mr. G. Holland Ackers, who had a very strong opinion on the point, and published it as a kind of axiom in his Signal Book, &c. The effect of the rule would be, if stringently enforced, that no protest would stand if the vessel on starboard tack kept away instead of lulled. Would this check the dangerous practice of bearing away ? We think not. We believe that the greatest safeguard will be in sailing committees and the council of the Y.R.A. firmly administering the very letter of the rule, as it now exists, in all cases wherever a risk of collision has been proved through the vessel on the port tack not giving way. It is much too late to talk about disqualifi cation and penalties after a collision has occurred.
A yacht on the port tack can therefore be disqualified under the following conditions : 1. If she is struck by a yacht which is on the starboard tack, no matter how that striking was brought about.
2. If she herself strikes a yacht which is on the starboard tack.
3. If she causes a yacht which is on the starboard tack to luff or tack to avoid a collision.
4. If she causes a yacht on the starboard tack to bear away to avoid a collision.
We will now say a few words on the conduct of a yacht on the starboard tack. It has already been said that it is the practice to nip or Mt the vessel on starboard tack a little when approaching one on the port tack, to show the latter that she must give way. The vessel on the starboard tack should never begin to bear away unless she positively intends to go under the stern of the one on the port tack. By bearing away it will encourage the belief on board the vessel on the port tack that she is to pass ahead; then if the vessel on the starboard tack lugs and says she will not allow this, it may be too late for the vessel on the port tack either to bear away or tack and avoid the risk of collision. The safer thing for her to do under such circumstances will be to luff or tack, as this will deaden her way. The vessel on the starboard tack should also luff up, and the two will probably come alongside. A protest will follow, and the vessel on the port tack will excuse herself by saying it would not have happened if the vessel on the starboard tack had not begun to bear away. This may be true, but, inasmuch as it was the duty of the vessel on the port tack to keep clear, no matter what the vessel on the starboard tack might do, the former would be dis qualified.
A vessel on port tack approaching another on the opposite tack should never be " nipped" in the hope of weathering. It will not aid her if the other " nips" also, and a collision may be the result. A trusty hand should be placed in the lee quarter to watch the other vessel. Pilots, as a rule, cannot be trusted for this task; they are unused to vessels of such speed, and the vessels, so to speak, slip from under their feet, and so their judgment is entirely at fault. If the hand in the lee quarter has the least doubt about weathering, and if you know he can be trusted, put the helm down at once so as to tack well clear of the other vessel, and not have to hustle round under her lee bow and get a tremendous smothering. If it is decided to bear away, begin in good time so that the vessel on the starboard tack may know what you are going to do. It should be always remembered that the whole onus of keeping clear rests with the vessel on the port tack.
As a rule, a sailing master when caught on the port tack will prefer bearing away to tacking, as less ground is lost, and the risk of getting a smothering is avoided.
In bearing away a hand should be always sent to the main-sheet (whether it be the vessel on port or starboard tack), to slack out some if necessary, to enable the vessel to get off the wind more rapidly. (See also "Approaching a Shore Close-hauled," page 232.)